HB 7107

1	A bill to be entitled
2	An act relating to determination of resident status for
3	tuition purposes; amending s. 1009.21, F.S.; revising
4	definitions; revising provisions relating to qualification
5	as a resident for tuition purposes; providing for
6	reclassification of status; providing duties of
7	institutions of higher education; providing an effective
8	date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Section 1009.21, Florida Statutes, is amended
13	to read:
14	1009.21  Determination of resident status for tuition
15	purposes.--Students shall be classified as residents or
16	nonresidents for the purpose of assessing tuition in community
17	colleges and state universities.
18	(1)  As used in this section, the term:
19	(a)  The term "Dependent child" means any person, whether
20	or not living with his or her parent, who is eligible to be
21	claimed by his or her parent as a dependent under the federal
22	income tax code.
23	(b)  "Initial enrollment" means the first day of class at
24	an institution of higher education.
25	(c)(b)  The term "Institution of higher education" means
26	any public community college as defined in s. 1000.21(3) or
27	state university as defined in s. 1000.21(6).
28	(d)(c)  A "Legal resident" or "resident" means is a person
29	who has maintained his or her residence in this state for the
30	preceding year, has purchased a home which is occupied by him or
31	her as his or her residence, or has established a domicile in
32	this state pursuant to s. 222.17.
33	(e)  "Nonresident for tuition purposes" means a person who
34	does not qualify for the in-state tuition rate.
35	(f)(d)  The term "Parent" means the natural or adoptive
36	parent or legal guardian of a dependent child.
37	(g)(e)  A "Resident for tuition purposes" means is a person
38	who qualifies as provided in subsection (2) for the in-state
39	tuition rate; a "nonresident for tuition purposes" is a person
40	who does not qualify for the in-state tuition rate.
41	(2)(a)  To qualify as a resident for tuition purposes:
42	1.  A person or, if that person is a dependent child, his
43	or her parent or parents must have established legal residence
44	in this state and must have maintained legal residence in this
45	state for at least 12 consecutive months immediately prior to
46	his or her initial enrollment in an institution of higher
47	education qualification. Legal residence must be established by
48	written or electronic verification that includes two or more of
49	the following Florida documents that demonstrate clear and
50	convincing evidence of continuous residence in the state for at
51	least 12 consecutive months prior to the student's initial
52	enrollment in an institution of higher education: a voter
53	information card pursuant to s. 97.071; a driver's license; an
54	identification card issued by the state; a vehicle registration;
55	a declaration of domicile; proof of purchase of a permanent
56	home; proof of a homestead exemption in the state; a transcript
57	from a Florida high school; a Florida high school equivalency
58	diploma and transcript; proof of permanent full-time employment;
59	proof of 12 consecutive months of payment of utility bills; a
60	domicile lease and proof of 12 consecutive months of payments;
61	or other official state or court documents evidencing legal ties
62	to the state. No single piece of evidence shall be conclusive.
63	2.  Every applicant for admission to an institution of
64	higher education shall be required to make a statement as to his
65	or her length of residence in the state and, further, shall
66	establish that his or her presence or, if the applicant is a
67	dependent child, the presence of his or her parent or parents in
68	the state currently is, and during the requisite 12-month
69	qualifying period was, for the purpose of maintaining a bona
70	fide domicile, rather than for the purpose of maintaining a mere
71	temporary residence or abode incident to enrollment in an
72	institution of higher education.
73	(b)  However, with respect to a dependent child living with
74	an adult relative other than the child's parent, such child may
75	qualify as a resident for tuition purposes if the adult relative
76	is a legal resident who has maintained legal residence in this
77	state for at least 12 consecutive months immediately prior to
78	the child's initial enrollment in an institution of higher
79	education qualification, provided the child has resided
80	continuously with such relative for the 5 years immediately
81	prior to the child's initial enrollment in an institution of
82	higher education qualification, during which time the adult
83	relative has exercised day-to-day care, supervision, and control
84	of the child.
85	(c)  The legal residence of a dependent child whose parents
86	are divorced, separated, or otherwise living apart will be
87	deemed to be this state if either parent is a legal resident of
88	this state, regardless of which parent is entitled to claim, and
89	does in fact claim, the minor as a dependent pursuant to federal
90	individual income tax provisions.
91	(d)  A person who is classified as a nonresident for
92	tuition purposes may become eligible for reclassification as a
93	resident for tuition purposes if that person or, if that person
94	is a dependent child, his or her parent presents clear and
95	convincing evidence that supports permanent residency in this
96	state rather than temporary residency for the purpose of
97	pursuing an education, such as documentation of full-time
98	permanent employment for the prior 12 months or the purchase of
99	a home in this state and residence therein for the prior 12
100	months while not enrolled in an institution of higher education.
101	If a person who is a dependent child and his or her parent move
102	to this state while such child is a high school student and the
103	child graduates from a high school in this state, the child may
104	become eligible for reclassification as a resident for tuition
105	purposes when the parent qualifies for permanent residency.
106	(3)(a)  An individual shall not be classified as a resident
107	for tuition purposes and, thus, shall not be eligible to receive
108	the in-state tuition rate until he or she has provided such
109	evidence related to legal residence and its duration or, if that
110	individual is a dependent child, documentation of his or her
111	parent's legal residence and its duration, as well as
112	documentation confirming his or her status as a dependent child,
113	as may be required by law and by officials of the institution of
114	higher education from which he or she seeks the in-state tuition
115	rate. The documentation shall provide clear and convincing
116	evidence that residency in this state was for a minimum of 12
117	consecutive months prior to the student's initial enrollment in
118	an institution of higher education. No single piece of evidence
119	shall be conclusive.
120	(b)  Each institution of higher learning shall:
121	1.  Determine whether an applicant who has been granted
122	admission to that institution is a dependent child.
123	2.  Affirmatively determine that an applicant who has been
124	granted admission to that institution as a Florida resident
125	meets the residency requirements of this section at the time of
126	initial enrollment.
127	(4)  With respect to a dependent child, the legal residence
128	of the dependent child's such individual's parent or parents is
129	prima facie evidence of the dependent child's individual's legal
130	residence, which evidence may be reinforced or rebutted,
131	relative to the age and general circumstances of the dependent
132	child individual, by the other evidence of legal residence
133	required of or presented by the dependent child individual.
134	However, the legal residence of a dependent child's an
135	individual whose parent or parents who are domiciled outside
136	this state is not prima facie evidence of the dependent child's
137	individual's legal residence if that dependent child individual
138	has lived in this state for 5 consecutive years prior to
139	enrolling or reregistering at the institution of higher
140	education at which resident status for tuition purposes is
141	sought.
142	(5)  In making a domiciliary determination related to the
143	classification of a person as a resident or nonresident for
144	tuition purposes, the domicile of a married person, irrespective
145	of sex, shall be determined, as in the case of an unmarried
146	person, by reference to all relevant evidence of domiciliary
147	intent. For the purposes of this section:
148	(a)  A person shall not be precluded from establishing or
149	maintaining legal residence in this state and subsequently
150	qualifying or continuing to qualify as a resident for tuition
151	purposes solely by reason of marriage to a person domiciled
152	outside this state, even when that person's spouse continues to
153	be domiciled outside of this state, provided such person
154	maintains his or her legal residence in this state.
155	(b)  A person shall not be deemed to have established or
156	maintained a legal residence in this state and subsequently to
157	have qualified or continued to qualify as a resident for tuition
158	purposes solely by reason of marriage to a person domiciled in
159	this state.
160	(c)  In determining the domicile of a married person,
161	irrespective of sex, the fact of the marriage and the place of
162	domicile of such person's spouse shall be deemed relevant
163	evidence to be considered in ascertaining domiciliary intent.
164	(6)  Any nonresident person, irrespective of sex, who
165	marries a legal resident of this state or marries a person who
166	later becomes a legal resident may, upon becoming a legal
167	resident of this state, accede to the benefit of the spouse's
168	immediately precedent duration as a legal resident for purposes
169	of satisfying the 12-month durational requirement of this
170	section.
171	(7)  A person shall not lose his or her resident status for
172	tuition purposes solely by reason of serving, or, if such person
173	is a dependent child, by reason of his or her parent's or
174	parents' serving, in the Armed Forces outside this state.
175	(8)  A person who has been properly classified as a
176	resident for tuition purposes but who, while enrolled in an
177	institution of higher education in this state, loses his or her
178	resident tuition status because the person or, if he or she is a
179	dependent child, the person's parent or parents establish
180	domicile or legal residence elsewhere shall continue to enjoy
181	the in-state tuition rate for a statutory grace period, which
182	period shall be measured from the date on which the
183	circumstances arose that culminated in the loss of resident
184	tuition status and shall continue for 12 months. However, if the
185	12-month grace period ends during a semester or academic term
186	for which such former resident is enrolled, such grace period
187	shall be extended to the end of that semester or academic term.
188	(9)  Any person who ceases to be enrolled at or who
189	graduates from an institution of higher education while
190	classified as a resident for tuition purposes and who
191	subsequently abandons his or her domicile in this state shall be
192	permitted to reenroll at an institution of higher education in
193	this state as a resident for tuition purposes without the
194	necessity of meeting the 12-month durational requirement of this
195	section if that person has reestablished his or her domicile in
196	this state within 12 months of such abandonment and continuously
197	maintains the reestablished domicile during the period of
198	enrollment. The benefit of this subsection shall not be accorded
199	more than once to any one person.
200	(10)  The following persons shall be classified as
201	residents for tuition purposes:
202	(a)  Active duty members of the Armed Services of the
203	United States residing or stationed in this state, their
204	spouses, and dependent children, and active members of the
205	Florida National Guard who qualify under s. 250.10(7) and (8)
206	for the tuition assistance program.
207	(b)  Active duty members of the Armed Services of the
208	United States and their spouses and dependents attending a
209	public community college or state university within 50 miles of
210	the military establishment where they are stationed, if such
211	military establishment is within a county contiguous to Florida.
212	(c)  United States citizens living on the Isthmus of
213	Panama, who have completed 12 consecutive months of college work
214	at the Florida State University Panama Canal Branch, and their
215	spouses and dependent children.
216	(d)  Full-time instructional and administrative personnel
217	employed by state public schools, community colleges, and
218	institutions of higher education, as defined in s. 1000.04, and
219	their spouses and dependent children.
220	(e)  Students from Latin America and the Caribbean who
221	receive scholarships from the federal or state government. Any
222	student classified pursuant to this paragraph shall attend, on a
223	full-time basis, a Florida institution of higher education.
224	(f)  Southern Regional Education Board's Academic Common
225	Market graduate students attending Florida's state universities.
226	(g)  Full-time employees of state agencies or political
227	subdivisions of the state when the student fees are paid by the
228	state agency or political subdivision for the purpose of job-
229	related law enforcement or corrections training.
230	(h)  McKnight Doctoral Fellows and Finalists who are United
231	States citizens.
232	(i)  United States citizens living outside the United
233	States who are teaching at a Department of Defense Dependent
234	School or in an American International School and who enroll in
235	a graduate level education program which leads to a Florida
236	teaching certificate.
237	(j)  Active duty members of the Canadian military residing
238	or stationed in this state under the North American Air Defense
239	(NORAD) agreement, and their spouses and dependent children,
240	attending a community college or state university within 50
241	miles of the military establishment where they are stationed.
242	(k)  Active duty members of a foreign nation's military who
243	are serving as liaison officers and are residing or stationed in
244	this state, and their spouses and dependent children, attending
245	a community college or state university within 50 miles of the
246	military establishment where the foreign liaison officer is
247	stationed.
248	(11)  The State Board of Education and the Board of
249	Governors shall adopt rules to implement this section.
250	Section 2.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.